How long do I have after my accident to file my motorcycle injury case?
- March 29, 2017
Unlike car accidents, motorcycle accidents often result in more severe injuries and even those that are fatal. Riding on a motorcycle means riding on two wheels instead of four. You are not enclosed in a strong metal exterior as those in a car are. And finally, there are simply more overall risks when it comes to riding on a motorcycle. Overall, death and severe injuries are more likely with motorcycle accidents. In particular, it is eight times more likely for a rider of a motorcycle to be injured in a serious collision, and it is 35 times more likely for a motorcycle rider to be killed in a collision.
If you have recently been in a motorcycle accident and the cause of the accident was not your fault, you may deserve compensation for your pain and suffering and physical, mental or emotional injuries. One of the most important things to remember when it comes to being the victim in a motorcycle accident is that if you plan on filing a lawsuit against the person who was negligent and caused the accident, you must file your suit within the statute of limitations for the state of California.
A statute of limitations refers to the time period in which the plaintiff must file their official lawsuit in order to take a case to court and receive damages for an accident. The statute of limitations for personal injury accidents, like motorcycle accidents, that result in wrongful death or personal injuries is different in every state.
In the state of California, the statute of limitations for a motorcycle accident is two years. This means that you must file your claim within two years of the date of harm or the date of the accident. If, on the other hand, you wait until after the two-year statute of limitations has expired, your case will be thrown out. Once the statute of limitations has expired, you are barred forever from pursuing compensation from the case. There are strict certain exceptions to this rule, however.
Exceptions to the two-year statute of limitations in California
Certain instances will change the statute of limitations when it comes to a personal injury case involving a motorcycle accident. In particular, if your claim is going to be against a government official or entity because the person who caused the accident was a government worker in a public or government-owned vehicle, you will have less time to file your claim. Specifically, you will have six months to file a claim.
From that point, two things can happen. They may reject your claim, and in this case, you tAhen have six months to file your official lawsuit. On the other hand, if you never hear from the government agency where you filed your claim, you will have two years from the date of harm or the date of the official motorcycle accident to file your official lawsuit.
Talk with an attorney as soon as possible.
Because statutes of limitations are in place for motorcycle accidents, it makes sense that contacting a personal injury lawyer as soon as possible after your accident is essential. Naturally, immediately after a serious collision, you will need to first attend to your own safety. This should be your first priority. Likewise, if serious injuries have occurred, you’ll need to deal with medical appointments and necessary surgeries as soon as you can as well. But as quickly as possible after you have established your well-being, make an appointment to speak with an experienced and reputable personal injury attorney in your area about your case.
Making an appointment for a free consultation with a personal injury lawyer can take time. Moreover, assembling evidence, witness accounts and other paperwork to prove the negligence and carelessness of another party takes additional time. All of these weeks and months of meetings and paperwork can quickly eat away at your six-month or two-year statute of limitations. You’ll likely also be dealing with missed work, medical appointments and other hassles. In other words, this time will fly, and you will want to get your case in the courts as soon as possible so that you can get the damages you deserve from your case.